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No lease - legally disposing of abandoned property

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evilelv

Junior Member
What is the name of your state (only U.S. law)? CA

We helped a lady get out of a nursing home (2 blown knees) offering her a place to live, and we were taking her to Drs appts and trying to help her after her ranch foreclosed.. My girlfriend knew her 3 years from the horse ranch and this lady is not a sane person. Even knowing that, we didnt think she'd turn on us when we were her last people willing to help her on earth...Well, she did. We moved her filthy belongings, animals, etc out of the foreclosed ranch 100 miles to new place, offering to do the move at under minimum wage. Owner of property she moved to (my brother) cleared his living room and promised her a mobile to live in which would be ready (in approx 1-2 weeks. We moved her with a combination of our own money and hers and this move was done while she was in nursing home, and was done in 120 heat and terrible animal smells.. she had no other friends family willing to help. She refused to pay the moving costs right off the bat. Although we presented rental amounts for her to pay (reduced for the living room and more for the mobile)she refused to pay any rent or living expenses, utilities after being asked many times...She argued all the tme about the costs, including refusal to reimburse gas when we drove 100 miles to get her mail. She is on multiple medications and again not a sane lady. She began vindictive behavior, calling child protective svcs (brother has a young son), animal control (on what included her own dogs), and Adult Protective Services to make trouble for my brother. Adult protective services showed up, but then turned around and hauled her away at my brothers request, her own phone call backfiring on her. Since she left, about 2 months ago, we have secured all her belongings properly in the trailer, and served her "notice to reclaim abandoned property" via registered mail to her last known address, which we knew was valid as she had the same PO box near the ranch for at least 3 years and was regularly receiving disability checks there (past car accident). We have now submitted a legal notice for public sale in a couple weeks. QUESTION Without a renters contract is this the right way to proceed or should we have even bothered? What are the alternatives? Does her disability come into play at all? We want to handle this correctly. She has made no attempt to contact any of us. There are 3 witnesses that can attest that the movers (individuals, not a moving co) were not paid, and can attest that she refused to pay any rent/living expenses. Thanks for your input...please try to post as the auction is Jan 13 THX! AGAIN!!!
 


Banned_Princess

Senior Member
PARAPHRASE

What is the name of your state (only U.S. law)? CA
Since she left, about 2 months ago, we have secured all her belongings properly in the trailer, and served her "notice to reclaim abandoned property" via registered mail to her last known address, which we knew was valid as she had the same PO box near the ranch for at least 3 years and was regularly receiving disability checks there (past car accident).

We have now submitted a legal notice for public sale in a couple weeks.
So you have already done everything to notify her


QUESTION Without a renters contract is this the right way to proceed or should we have even bothered?
Doesn't matter, you already did it.

What are the alternatives?
alternatives to what. I guess you can mail her her belongings.

Does her disability come into play at all?
Why would it? Does her disability stop her from getting certified letters?

We want to handle this correctly. She has made no attempt to contact any of us.
I doubt she will.

There are 3 witnesses that can attest that the movers (individuals, not a moving co) were not paid, and can attest that she refused to pay any rent/living expenses.
So are you going to sue her for these expenses? Where the movers even supposed get paid? who agree'd to that?

the auction is Jan 13 THX! AGAIN!!!
Thats far enough in the future to send another certified letter on the matter. Include that you intend on using the money toward her debt, and if the debt is valid, if the sale does not satisfy the debt then the balance will be sued for in court.


Why are you selling her stuff? I thought you just wanted to throw it out.
 

evilelv

Junior Member
Auctioneer

Thank you...we will send one more letter. Reason Id like to try to sell stuff vs dispose is to recoup moving/rent costs as well as clear some stuff off the property w/o hauling it off myself.. QUESTION Do I require a certified auctioneer at the auction or just a party other than the landlord (property owner) himself ? With respect to your comment "I already have" (served and published the auction) I will cancel the public sale if this is not the legal way to handle it!!

My overall question was-- I am treating her as a tenant when there is no tenant-landlord relationship.., She was only a guest that we tried and tried to get to enter into a rental contract and she wouldnt budge...It appears that the fact that she wasnt a tenant gives her LESS rights if I interpret it correctly?.. I guess other people cannot be the protectors and custodians of belongings you negligently left behind when there was no contract that it was your dwelling in the first place.....

This appears to be valid if I have taken measures to contact her.....If anyone else has posts on this matter keep them coming.. thanks again bannedprincess for your post evilelv .
 

Banned_Princess

Senior Member
Thank you...we will send one more letter. Reason Id like to try to sell stuff vs dispose is to recoup moving/rent costs as well as clear some stuff off the property w/o hauling it off myself.. QUESTION Do I require a certified auctioneer at the auction or just a party other than the landlord (property owner) himself ? With respect to your comment "I already have" (served and published the auction) I will cancel the public sale if this is not the legal way to handle it!!
I meant that you already ran the add, thats an excellent way to show notice. Really there isn't much more you can do in the way of notification then what you have done.

What were the moving/rent costs?

My overall question was-- I am treating her as a tenant when there is no tenant-landlord relationship..,
How long did she live there? She was a tenant.

She was only a guest that we tried and tried to get to enter into a rental contract and she wouldnt budge...
She was a tenant when she moved in, and you should have treated her as such, before moving her in.

It appears that the fact that she wasnt a tenant gives her LESS rights if I interpret it correctly?..
She was a tenant...

I guess other people cannot be the protectors and custodians of belongings you negligently left behind when there was no contract that it was your dwelling in the first place.....
people can not be held responsible forever for belongings left behind.

This appears to be valid if I have taken measures to contact her.....If anyone else has posts on this matter keep them coming.. thanks again bannedprincess for your post evilelv .
the disposal is proper if you took measures to contact her, as it appears you have.


Theres going to be an arguement that she was a tenant, but that doesnt matter now anyway, she is gone
 
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evilelv

Junior Member
Auctioneer

Thank u bannedprincess I typed a longer post but it didnt take... My last remaining question is do I need to use a certified auctioneer to do the sale?
 

Banned_Princess

Senior Member
Thank u bannedprincess I typed a longer post but it didnt take... My last remaining question is do I need to use a certified auctioneer to do the sale?
I have been thinking about this for a few days, because the published law I have access to, is silent on the matter.

I am going to venture no.

It doesn't matter what you do with the stuff after you properly tried to notify her that you are disposing of it.

Plus, is she going to hire a big expensive lawyer to come up with that complaint?
 

divona2000

Senior Member
How many times are you going to ask this question under different names?


jgimbel
12-22-09
11:01 PM
Sent certified letter not first class "notice oto claim abandoned property"

What is the name of your state (only U.S. law)? CA

we sent "notice to claim abandoned property" for a tenant ...sent it registerd mail and do not have the receipt back ..we're not sure she picked up her mail///is that a vaild way to send "notice of abandoned property" letter if we also published sale in the paper in the county she resides? or did it definately have to be first class mail? we aslo hand deliverd the letter to be put in her PO box...

https://forum.freeadvice.com/landlord-tenant-issues-42/sent-certified-letter-not-first-class-notice-oto-claim-abandoned-property-497855.html
 

jgimbel

Junior Member
Ca civil code requires auction

Bannedprincess thank for your post I didnt see it till now, but want to let you know Ca civil code 1988 (i think) requires a public auction if property is worth more than $300...id like to have a vaild legal auction so I still am concerend with whether or not I need an auctioneer...they are quite pricey
 
Seriously, do you just forget what name you logged in under? Or forget you've already asked a question?

At least so far you haven't given yourself advice.
 

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